Legal Question in Credit and Debt Law in Missouri

Liability of credit card debt after spouse dies

My father died. He did not have a Will, because he just wanted everything to go to my mother. She found that he had 2 credit cards with aproximately $5000 on each card. Does she have to pay that debt, since the cards were only in his name? Note: The home they owned together, is now in her name only.


Asked on 6/27/07, 5:30 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Liability of credit card debt after spouse dies

If you mother didn't charge anything on those cards and they were in his name only, the debts are the debts of his estate. If the house passed outside of probate (for example, if they were joint tenants with rights of survivorship), then there was likely no need for an estate. If it has been more than one year since the death, then an estate cannot be opened.

If an estate was opened, then the debt is properly a debt of the estate. If an estate was not opened, your mother does not owe the debts. She should consider talking to a probate attorney for more guidance.

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Answered on 6/27/07, 5:56 pm


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